The reasonable duration of procedure and the pocedural effectiveness: an approach from the due process of law

Abstract

This research aims to study the procedural effectiveness and implications brought about by the guarantee of reasonable duration in the process. It happens because such institutes have been understood wrongly, serving as a subterfuge for the State because, under the pretext of making the process has reasonable duration and therefore reach the procedural effectiveness, it has changed the procedural legislation in order tu supress procedural guarantees, rather than structure the judiciary. Therefore, it is necessary to conceptualize the institute of Due Process of Law in order to understand it properly in the democratic state. After, will be shown the "time" factor and the theory of procedural effectiveness of principles in the processs. Moreover, will be presented a contradicted to the traditional understanding of the factors that determine the reasonable duration of the proces, demonstrating what is the variable-determinant for the time of the procedure.